Re: [CTRL] Sovereignty

1999-07-11 Thread Prudence L. Kuhn

 -Caveat Lector-

In a message dated 07/10/1999 5:33:54 PM Eastern Daylight Time,
[EMAIL PROTECTED] writes:

 In a message dated 99-07-08 18:13:36 EDT, [EMAIL PROTECTED] writes:

 Rights have meaning only if there is a remedy for their violation.  The
 Supreme Court's deecisions mean that there is no remedy against state
 governments even when they violate rights created by federal law.

 The Bill of Rights is a FEDERAL document, is it not?  Kiss your rights
 goodbye ...

 Let's hear it for devolution --dis-integration-- here in the newly dis-United
 States. 

I see you've been studying the latest decisions of the Rehnquist Court.  I
hate to say it, but I think what you say is truer than I would like it to be.
 And just think, the Reagan/Bush Supreme Court has years to go before anyone
is likely to die or retire.  Wait until they've had another couple of years
to accomplish their ends.  Prudy

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Re: [CTRL] Sovereignty

1999-07-11 Thread Amelia Edgeman

 -Caveat Lector-

They are al working toward the same goal and following the same guide book.
It does not matter at all who is sitting on the court nor who appointed
them.  The fact that Clinton has all but endorsed GWBushJr should speak
volumes.

The game plan is put into play
 when the laws are originally enacted by "our" legislators.  When have we
seen a truly surprising ruling by the supreme court?  I have not been
surprised in recent memory.
Amelia


- Original Message -
From: Prudence L. Kuhn [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Sunday, July 11, 1999 1:59 PM
Subject: Re: [CTRL] Sovereignty


 -Caveat Lector-

 In a message dated 07/10/1999 5:33:54 PM Eastern Daylight Time,
 [EMAIL PROTECTED] writes:

  In a message dated 99-07-08 18:13:36 EDT, [EMAIL PROTECTED] writes:

  Rights have meaning only if there is a remedy for their violation.  The
  Supreme Court's deecisions mean that there is no remedy against state
  governments even when they violate rights created by federal law.

  The Bill of Rights is a FEDERAL document, is it not?  Kiss your rights
  goodbye ...

  Let's hear it for devolution --dis-integration-- here in the newly
dis-United
  States. 

 I see you've been studying the latest decisions of the Rehnquist Court.  I
 hate to say it, but I think what you say is truer than I would like it to
be.
  And just think, the Reagan/Bush Supreme Court has years to go before
anyone
 is likely to die or retire.  Wait until they've had another couple of
years
 to accomplish their ends.  Prudy

 DECLARATION  DISCLAIMER
 ==
 CTRL is a discussion and informational exchange list. Proselyzting
propagandic
 screeds are not allowed. Substance-not soapboxing!  These are sordid
matters
 and 'conspiracy theory', with its many half-truths, misdirections and
outright
 frauds is used politically  by different groups with major and minor
effects
 spread throughout the spectrum of time and thought. That being said, CTRL
 gives no endorsement to the validity of posts, and always suggests to
readers;
 be wary of what you read. CTRL gives no credeence to Holocaust denial and
 nazi's need not apply.

 Let us please be civil and as always, Caveat Lector.
 
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 Om


DECLARATION  DISCLAIMER
==
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing!  These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically  by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.

Let us please be civil and as always, Caveat Lector.

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Om



Re: [CTRL] Sovereignty

1999-07-10 Thread Das GOAT

 -Caveat Lector-

In a message dated 99-07-08 18:13:36 EDT, [EMAIL PROTECTED] writes:

Rights have meaning only if there is a remedy for their violation.  The
Supreme Court's deecisions mean that there is no remedy against state
governments even when they violate rights created by federal law.

The Bill of Rights is a FEDERAL document, is it not?  Kiss your rights
goodbye ...

Let's hear it for devolution --dis-integration-- here in the newly dis-United
States.

So now we can "constitutionally" have states in which freedom of speech is
punished, slavery is re-instituted, women are reduced to non-voting masculine
"property," and legal protections are limited to "citizens," redefined
perhaps as the very wealthy -- or in which a homosexual orientation is
required in order to obtain employment, or pedophilia is institutionalized in
the school system -- or in which candidacy for FEDERAL political office
(senators, congressmen) is restricted to Moonies, Scientologists, Klansmen,
tree-worshippers, or whatever, thus altering the balance of our NATIONAL
legislature...

What is there to prevent legal argument that municipal governments (cities or
towns) now also have the right to enact legislation that violates federal AND
state law?  That "sovereign individuals" may likewise violate municipal,
state, and federal laws, in the ultimate application of this peculiar
principle, "sovereign immunity" from prosecution?

A return to the Hobbesian version of "natural law" -- "The war of EACH
against ALL."

DECLARATION  DISCLAIMER
==
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screeds are not allowed. Substance—not soapboxing!  These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically  by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.

Let us please be civil and as always, Caveat Lector.

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Re: [CTRL] Sovereignty

1999-07-08 Thread Prudence L. Kuhn

 -Caveat Lector-

In a message dated 07/08/1999 1:00:52 AM Eastern Daylight Time,
[EMAIL PROTECTED] writes:

  Both the Ninth and 10th Amendments are held in the deepest
  contempt and disrespect by the White House, Congress and the
  Supreme Court. Why? Because these amendments were written to
  protect against consolidation of power by the federal government.
  Dismissal of the Ninth and 10th Amendments allows Congress to
  control our schools, mandate speed limits, and require employment
  and college admissions quotas, as well as other forms of
  Washington tyranny. Today, little states can do nothing without
  Washington's permission. That was not the Framers' vision. 

Don't worry about the Framers' vision.  The Rehnquist Court has obliterated
federal law and anything Congress has to say.  It happened just a couple of
weeks ago.  Your side is winning.  Well except for the 6th amendment.  They
gave that the boot too.  Prudy

DECLARATION  DISCLAIMER
==
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing!  These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically  by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.

Let us please be civil and as always, Caveat Lector.

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Re: [CTRL] Sovereignty

1999-07-08 Thread Jeff Russo

 -Caveat Lector-

 Don't worry about the Framers' vision.  The Rehnquist Court has obliterated
 federal law and anything Congress has to say.  It happened just a couple of
 weeks ago.  Your side is winning.  Well except for the 6th amendment.  They
 gave that the boot too.  Prudy

Prudy,
Could you give a link or post the ruling you are talking about? If you
posted it to the list I must have missed it. Thanks!
===
Jeff Russo
[EMAIL PROTECTED]
-
"The power of accurate observation is often called cynicism
by those who have not got it."
-- George Bernard Shaw
_
Do You Yahoo!?
Get your free @yahoo.com address at http://mail.yahoo.com

DECLARATION  DISCLAIMER
==
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing!  These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically  by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.

Let us please be civil and as always, Caveat Lector.

Archives Available at:
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Re: [CTRL] Sovereignty

1999-07-08 Thread Prudence L. Kuhn

 -Caveat Lector-

In a message dated 07/08/1999 5:33:48 PM Eastern Daylight Time,
[EMAIL PROTECTED] writes:


  Don't worry about the Framers' vision.  The Rehnquist Court has obliterated
  federal law and anything Congress has to say.  It happened just a couple of
  weeks ago.  Your side is winning.  Well except for the 6th amendment.  They
  gave that the boot too.  Prudy

 Prudy,
 Could you give a link or post the ruling you are talking about? If you
 posted it to the list I must have missed it. Thanks! 

Well, I'll give you part of one story that ran in my very conservative daily
paper.  It surprised me tht they ran it.  The original column was "Rightwing
Supreme Court Busy Protecting Rights - but States Rights, not Your Rights."
It was written for the LA Times by Erwin Chemerinsky, Professor of Law and
Political Science at University of Southern California.  There was a follow
up the next day by Edward P. Lazarus, author of "Closed Chambers: The Rise,
Fall and Future of the Modern Supreme Court.  That was also done for the LA
Times.

I quote from Chermerinsky:

In a startling series of decisions, the US Supreme Court has radically
changed American government.  For 2l2 years of American history, people have
been able to sue state governments when a state violates federal laws and
inflicts injuries.  However last Wednesday, the Supreme Court ruled tht state
governments generally cannot be sued in any court without their consent.

The result is that state governments can violate federal law with impunity
and nowhere be held accountable.  The decisions are the height of
conservative judicial activism.  The five most conservative justices -
William H. Rehnquist, Sandra Day O'Connor, Antonin Scalia, Anthony M.
Kennedy, and Clarence Thomas - invented new rights for state governments at
the expense of individuals.

One of the cases involved a probation officer in Maine who was owed overtime
pay by the state government under the federal Fair Labor Standards Act.  The
court ruled that the state government's sovereigh immunity meant that it
could be sued in neither federal nor state court, even if the person suing
had a right to the money.

Another case involved a Florida investment method that allowed students to
set aside funds to pay for college education.  A company that developed the
system sued Florida for infringement.  The Supreme Court ruled that the state
could not be sued in federal court, even if it had violated the company's
rights.  Because federal law precludes state courts from hearing patent cases
and because in the Maine case the court held that state governments can't be
sued in state courts without their consent, Florida now could profit greatly
from violating the private company's patent and trademark, and there's
nothing the company can do about it.

The cases have huge implications.  A state laboratory could dump toxic wastes
in violation of federal laws, and those who become ill would have no recourse
against the state in any court.  A state university could violate copyright
laws by making copies of a book and selling it to students at a few dollars
less than its usual price, profiting at the expense of the publisher and
author.  States could ignore patent laws, violating the rights of inventors
and patent holders, and no court will be able to grant relief.

The Supreme Court based its ruling on its desire to protect federalism and
state sovereignty.  Yet in doing so, the court subverted the most basic
constitutional principle of federalism: the supremacy of federal law.
Article VI of the Constitution mandates that federal law is supreme over the
states, and that state judges must obey federal law.  The effect of
Wednesday's decision iis that state governmets now can ignore federal law,
and no court will be available to enforce it.

The court also proclaimed tht states have a "right" to be free from lawsuits
without their consent, even thought this right is nowhere to be found in the
Constitution.  The only provision dealing with the issue, the llth Amendment
says tht a state cannot be sued in federal court by citizens of other states.
 There is no provision that limits the ability to sue a state in state court
or that prevents a state from being sued in federal court by its own
citizens.  The high court simply invented a new right for state governments.
Moreover, the court treated safeguarding state governments as the ultimate
goal and left individuals - who are owed overtime pay, who own patents- with
nowhere to turn for relief.

(There is more here, but I'll wind up withthe last paragraph.

Rights have meaning only if there is a remedy for their violation.  The
Supreme Court's deecisions mean that there is no remedy against state
governments even when they violate rights created by federal law.  In a
breathtaking exercise of judicial activism, the court has subverted th
superemacy of federal law and left countless individuals without recourse.

End of Chemerinsky story.

Lazarus